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Home My WebLink AboutC2010-582 - 4/20/2010 - Approved4 44 STANDARD FORM CONTRACT FOR PROVIDING WATER AND WASTEWATER WHERE PROPERTY IS SITUATED PARTLY OR WHOLLY BEYOND CITY LIMITS THE STATE OF TEXAS § COUNTY OF NUECES § THIS CONTRACT AND AGREEMENT made and entered into in triplicate originals by and between Ysidro Mora, Jr. and Francis M. Barrera ( "Owners "), whose address is 2637 Johanna Street, Corpus Christi, Texas 78415 and the City Of Corpus Christi, Texas ( "City "), a home rule city of more than 250,000 population, a municipal corporation and body politic under the laws of the State of Texas, for good and valuable consideration in hand received by the parties respectively and upon the covenants and conditions stated in this contract. WITNESS ET H: I. That Owners are owners in fee simple and of all existing rights, titles and interests therein of all the following described property located in Nueces County, Texas, which is situated partly or wholly beyond the corporate limits of the City of Corpus Christi, and further, the property is not principally used for port - related industry, as defined by Section 55 -111, as amended, Code of Ordinances, City of Corpus Christi, and is generally delineated on the map attached to this contract and marked "Exhibit A" and being more particularly described as follows, to -wit: Rose Acres, Lot 20F II. City agrees to deliver City water to the property or to waterlines on the property, under rules and regulations promulgated and authorized by Sections 55 -70 and 55 -111 as amended, Code of Ordinances, City of Corpus Christi. III. City agrees to deliver City wastewater to the property or to wastewater lines on the property, under rules and regulations promulgated and authorized by Sections 55 -70 as amended, Code of Ordinances, City of Corpus Christi. IV. Owners agree to construct all improvements on the property under all City codes and regulations, and to obtain all City technical construction permits as though the property were inside the City. Owners consent to inspections of all of the construction by duly authorized inspectors or representatives of City departments charged with enforcement of the codes and regulations. Owners agree that as to any improvements the applicable codes and regulations are those codes and regulations that are in effect at the time of commencement of the improvements. V. IT IS AGREED by and between the parties to this contract that the above described land and territory shall be included within the corporate boundaries of the City of Corpus Christi, and shall become a part of the City, subject to the terms of Article I, Section 2 of the City Charter of Corpus Christi, as amended, and as further prescribed by Section 2010-582 Page 1 of 3 4120116' and Francis M. Barrera M2010 -085 Ysidro Mora, Jr., et al INDEXED 55 -111, as amended, of the Code of Ordinances, City of Corpus Christi; and the Owners agree to annex the property within the effective date of the annexation being the date when the property adjoins the City limits, or will adjoin the city limits by any type of simultaneous annexation of other properties, or at a later date to be solely determined by the City Council. VI. Owners agree and understand that this contract constitutes a petition for annexation under Section 43.028, Texas Local Government Code. VII. Owners agree and understand that in addition to any other remedies available to the City, a breach of the covenants and conditions in this contract render Owners liable to termination of the delivery of water by the City, and upon a finding of fact by the City Manager that any of the covenants or conditions in this contract have been materially breached, the delivery of water to owner will be terminated. VIII. All connections to the City water system are subject to the same rules and regulations regarding standards of delivery of water service, including installation and disconnections for failure to pay charges, as consumers within the City limits. IX. IT IS AGREED by and between the parties to this contract that all of the above conditions shall be binding upon the successors and assigned of the Owners and constitute covenants running with the land. WITNESS OUR HAND, this day of , 2011. Owners: Ysidro Mora, Jr. and Francis M. Barrera &ZM / idro Mora, Jr. Francis M. Barrera THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the ZJ day of 2011 by Ysidro Mora, Jr. ! '-- t a 1 o Page 2 of 3 Rose Acres, Lot 20F, Ysidro Mora, Jr. and Francis M. Barrera potPPY:'�B�s SANDRA B, SANTOS Mfr k °i- A Notary Public `! ' STATE Uf TEXAS My Comm. Exp. 09-30 -2013 Rose Acres, Lot 20F, Ysidro Mora, Jr. and Francis M. Barrera THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the X day of r 2011 by Francis M. Barrera. L lm't � �"K � 0 - tary Pub c, St6 of Texas City of Corpus Christi e�"' /;?&,t/ �-e" Ronald L. Olson City Manager APPROVED AS TO FORM: R. R , pfning First Assistant City M orney ATTEST: Armando Chapa City Secretary THE STATE OF TEXAS § COUNTY OF NUECES § Thii % rument was acknowledged f�o�e r e n this th day of I ) �C �rL(� C , 2011, by ra�ald -L: lal0d�itX er, City of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. Notary Public, State of Texas os SANDRA B. SANTOS = o {;arpU� ' Notary Of TEXAS STATE My COMM. E'P' 09-30 -20 City of Corpus Christi e�"' /;?&,t/ �-e" Ronald L. Olson City Manager APPROVED AS TO FORM: R. R , pfning First Assistant City M orney ATTEST: Armando Chapa City Secretary THE STATE OF TEXAS § COUNTY OF NUECES § Thii % rument was acknowledged f�o�e r e n this th day of I ) �C �rL(� C , 2011, by ra�ald -L: lal0d�itX er, City of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. Notary Public, State of Texas os TAMERA L. RILEY Notary Public STATE OF TEXAS My Comm. Up. 05.26 -2012 '^" i> - � � AIJ I tiUKULL ( �� VI i. "'�f•��f�.a�uM'W��Rn�v.T.itiBfY SECRETARY._ Page 3 of 3 Rose Acres, Lot 20F, Ysidro Mora, Jr. and Francis M. Barrera J j D EVELoPMENT SERVICES ATTN: GLORIA GARCIA 2406 LEOPARD ST CoRPITS CHRISTI, TX 78408 Doc'v 20:1-20134-40 u Paces 4 o f f i c i a l 04/1212012 110301 Records of NUECES COUNTY D IANA T. BARFiI<RA COUN LLER Fees $M0 ar?_i Provision herein whiC6 restricts the ;ulen Rental Or :s':Sr of the described REAL PROPERTY bf- " ::aL)Se of Romp- Color Uelisinr!= Q'=x= Handicap, Familial Stabusy or Mt iWll,�! Origin is invalid and iinonforceablr. tinder FEDERAL LAV'i 3.12/89 MATE OF TEXAS COUNTY OF NUE ES J herP-6 cer ifg that this instrument was FILED in file number sequence on the date and at the r i 3np- stamped herein bsj me r and was dul s RECORDED in the Off icial Public Records of Mueces CouRt�fg Texas N 3-